Gibbons v. Gouverneur
Court for the Trial of Impeachments and Correction of Errors
Error from the superior court of the city of New-York. Gibbons sued Gouverneur in the court below in assumpsit, upon an, agreement relating to a horse race, to be run on the Union course in Queens county.
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Error from the superior court of the city of New-York. Gibbons sued Gouverneur in the court below in assumpsit, upon an, agreement relating to a horse race, to be run on the Union course in Queens county. The agreement was contained or referred to, in an entry made in a book kept by the proprietors of the course, called the “ Sweepstake book of the Union Course,” in the following words: « Spring meeting, 1839. We the subscribers agree to run a sweepstake, mile heats, spring 1839, with, colts and fillies dropt in 1836. Entrance $1000; forfeit $250. The second in the race to receive back…
1Opinion of the Court
By the Court, Beardsley, J.
At common law, horse racing for bets, as well as wager contracts upon most subjects, were legal. (Van Valkenburgh v. Torrey, 7 Cowen, 252; Chit, on Cont. 495, 712, Amer. ed. 1842; Bunn v. Riker, 4 John. 426 ; Campbell v. Richardson, 10 id. 406.) But the statute makes “ all' running, trotting or pacing of horses, or any other animals, for any bet or stakes, in money, goods, or other valuable thing, or for any reward to be given to the owner or rider of any animal which shall excel in speed, excepting such as are by special laws for that purpose expressly allowed”—“…
2Cases cited1 opinion
- Bunn v. RikerNew York Supreme Court · 1809
3Cited by15 opinions
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- Ruckman v. BryanNew York Supreme Court · 1846
- Porter v. DayWisconsin Supreme Court · 1888
- Bronson Agricultural & Breeders' Ass'n v. RamsdellMichigan Supreme Court · 1872
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